Hospital Malpractice & Negligence in New Mexico
Just as doctors, nurses, and other healthcare professionals have a responsibility to uphold certain standards of care, so too do hospitals, emergency rooms, intensive care units (ICUs), and other medical facilities. When hospitals and hospital staff fail to provide patients with an acceptable level of care, leading to patient injury or death, these facilities can—and should—be held accountable.
At Curtis & Co., our Albuquerque hospital malpractice lawyers have decades of combined experience representing victims of all types of medical negligence throughout New Mexico. If you experienced an injury, complications, or worsened health condition, or if your loved one passed away after being hospitalized and you believe he or she did not receive adequate care, contact our firm right away. You could be entitled to bring a medical malpractice lawsuit, but you have a limited amount of time to file your claim in court.
If you suspect you or a loved one was the victim of medical malpractice, contact us at (505) 871-3740 and request a free consultation with our team. Hablamos español.
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In the simplest terms, hospital malpractice is medical malpractice that occurs in a hospital or similar setting. This includes malpractice, negligence, and errors occurring in all hospital departments, such as emergency rooms, ICUs, maternity wards, long-term stay centers, and more.
Some examples of hospital malpractice include:
- Diagnostic errors, such as misdiagnosis, delayed diagnosis, and missed diagnosis
- Failure to treat and delayed treatment of medical conditions
- Emergency room errors, malpractice, and negligence
- Surgical errors, including wrong-site surgery and leaving behind foreign objects in the body
- Anesthesia errors and other medication mistakes
- Birth injuries, including birth injuries to the mother
- Hospital-acquired infections, such as pneumonia and sepsis
- Failure to consider a patient’s medical and/or health history
- Failure to obtain informed consent prior to a procedure or treatment
- Failure to order proper tests
- Misanalysis of diagnostic and other test results
- Premature discharge
- Poor follow-up or aftercare
Hospital and hospital staff are held to different standards of care than other medical facilities and professionals, such as general practitioners, dentist offices, and pharmacies. However, just like these other medical providers, hospitals can be held legally responsible when they fail to uphold standards of accepted care and patients are hurt or die as a result.
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Many people believe that hospitals can be held liable for negligence by a doctor, surgeon, or another healthcare provider. However, this is typically not the case.
Many doctors and other medical providers who work in hospitals are considered “independent contractors,” not “employees.” This means that the hospitals that employ them are generally not liable when these providers fail to uphold the standard of care they owe to their patients. Instead, injured patients or the families of those who pass away may be able to bring claims directly against the providers who caused harm.
However, in some instances, a hospital is legally responsible for misconduct or substandard care that occurs within the facility. For example, if the hospital itself is found to have been negligent, or if its employees breach the standard of acceptable care, the hospital could be liable. This could be the case if the hospital has a history of failing to enforce safety measures or procedures, or if a staff member failed to properly file a patient’s medical record. Additionally, if a hospital employs a doctor or nurse that it knows or has reason to believe is not adequately qualified or poses some risk to patients, the facility could be liable for any damages that occur.
At Curtis & Co., our attorneys carefully investigate every claim to determine whether there is evidence of misconduct or negligence. We do not accept cases that we do not truly believe we can win. If we take on your case, it is because we believe you have a solid claim against a hospital or another medical provider, and we believe we have what it takes to win.
When we go to the hospital, we expect nothing short of the highest level of medical care. Often, people who visit or stay in the hospital are dealing with serious or even life-threatening conditions. As such, when they do not receive an acceptable standard of care, the consequences can be severe.
The consequences of hospital negligence are not just physical. Many victims experience significant financial challenges in the wake of receiving substandard medical care. The goal of a personal injury or wrongful death lawsuit is to recover financial compensation for physical, emotional, and financial losses related to the injury or the loss of a loved one. Together, these losses are known as “damages.”
Common damages in hospital malpractice cases include:
At Curtis & Co., we fight to recover the full, fair amount our clients are owed. We carefully evaluate your past and current losses, as well as the impact your injury or the death of your loved one will likely have on your future. This allows us to aggressively pursue a favorable settlement on your behalf. If necessary, we are even prepared to take your case to trial.
Schedule a Free Case Evaluation with Our Hospital Malpractice Lawyers
As a boutique law office, we take great pride in serving our clients with the personal attention, support, and compassion they deserve. However, we are armed with the necessary resources, experience, and skills to aggressively and effectively pursue your claim.
When you choose Curtis & Co., you can expect to be treated like a member of our family. We will always be there to answer your questions, respond quickly to your calls, and address any concerns you may have throughout the legal process. Our bilingual staff can assist you in English or Spanish, and we do not collect any attorney fees unless/until we recover compensation for you.
Contact us onlineor call our office today at (505) 871-3740 to get started with your complimentary consultation with one of our Albuquerque hospital malpractice lawyers.